UNIVERSITY  OF  CALIFORNIA  AGRicuur^^^«rf+Wgfcfr  J 

COLLEGE    OF  AGRICULTURE  jtcTj.  WlCKSON.  Director 

BERKELEY,   CALIFORNIA  ff     - 


CIRCULAR   No.  65.      '    *' 


°.\ 


July,  1911 


THE  CALIFORNIA  INSECTICIDE  LAW. 


BY 

C.  W.  WOODWORTH 


Manufacturers,  importers  and  dealers  in  insecticides  and  fungi- 
cides should  take  notice  that  in  accordance  with  the  new  insecticide 
law,  a  copy  of  which  is  appended  hereto,  it  will  be  necessary  to 
register  on  or  before  the  first  day  of  July  of  each  year,  beginning  in 
1911,  and  obtain  from  the  Secretary  of  the  Board  of  Regents  of  the 
University  of  California  a  certificate  of  registration  authorizing  the 
sale  of  insecticides  in  the  State.  They  should  also  file  with  the 
Director  of  the  Agricultural  Experiment  Station  of  the  University  of 
California,  a  statement  under  oath  of  the  component  parts  of  the 
substances  to  be  sold  under  each  name  or  brand.     (Section  12.) 

The  law  also  requires  the  proper  labelling  of  insecticides  and 
fungicides,  stating: 

1.  Name,  brand  and  trade  mark  if  there  be  any. 

2.  Name  and  address  of  manufacturer,  importer  or  dealer. 

3.  Place  of  manufacture. 

4.  Chemical  Analysis. 

(a)  Stating   per    centages    of    substances    having    insecticidal 

properties. 

(b)  Specifying  form  in  which  each  is  present  and  materials 

from  which  derived  (Section  11). 

(c)  Also  percentage  of  inert  ingredients   (Section  8).     When 

insecticide  is  sold  for  less  than  one-half  cent  per  pound 
only  a  general  statement  is  required  [Section  11] ). 


5.  The  word  "Registered"  with  the  number  of  registry  (Sec- 
tion 12). 

FEES. 

All  fees  are  payable  to  the  Secretary  of  the  Board  of  Regents  of 
the  University  of  California  (Section  18)  ;  they  are: 

Registration  Fee  $1.00 

Required  to  be  paid  on  or  before  the  first  day  of  July  of  each  year 
by  each  manufacturer,  importer,  agent  or  dealer,  excepting  only  those 
agents  whose  principals  shall  have  obtained  a  certificate  of  registra- 
tion (Section  12). 

Analytical  Fee   • $1.00 

Required  of  any  user  of  insecticides  for  each  sample  submitted  for 
examination  or  analysis  (Section  13). 


PUEPOSE  OF  THE   ACT. 

The  object  of  the  insecticide  law  is  to  prevent  fraud  in  the  manu- 
facture or  misrepresentation  in  the  sale  of  insecticides  and  fungi- 
cides and  to  give  the  user  just  such  information  as  will  be  necessary 
to  determine  the  quality  of  the  preparation  as  an  insecticide  or  fungi- 
cide. The  misdemeanors  specified  in  the  law  are  classed  under  the 
terms  "adulteration"  and  "misbranding." 

Adulteration  is  defined  in  the  case  of  Paris  green  and  Lead 
Arsenate  as  failure  to  conform  to  standards  specifically  stated  in  the 
law  (Section  7)  and  in  all  other  cases  a  substance  is  considered 
adulterated  (1)  if  below  standard,  (2)  if  substitution  has  been  made, 
(3)  if  valuable  ingredients  have  been  abstracted,  or,  (4)  if  injurious 
to  vegetation  when  intended  for  use  on  plants  ( Section  7 ) . 

The  standard  of  purity  is  defined  as  being  within  5  per  cent,  of 
the  quantity  given  in  the  analysis  on  the  label  of  the  substances  hav- 
ing insecticidal  properties  (Section  13),  thus  if  a  substance  is  given 
as  20  per  cent.,  which  equals  20  pounds  in  the  hundred,  the  law 
requires  that  it  should  never  fall  below  19  pounds,  that  is,  there 
must  be  at  least  95  per  cent,  of  the  percentage  shown  in  the  analysis. 

Misbranding  occurs  (1)  if  an  imitation  of  another  article,  or,  (2) 
if  label  is  false  or  deceptive,  or  (3) ,  if  weight  or  measure  is  not  plainly 
stated  when  in  package  form  and  in  the  case  of  all  insecticides  and 
fungicides  excepting  Paris  green  and  lead  arsenate    (the  standards 


of  which  are  defined  by  law)  (a)  when  total  and  water  soluble  arsenic 
are  not  indicated  if  present,  and  (6)  percentage  of  inert  ingredients 
is  not  stated  (Section  8). 

LABELLING. 

The  law  covers  all  substances  intended  for  use  in  combatting 
insects  and  fungi  (Section  6.)  The  following  suggestions  are  made 
regarding  the  labelling  of  the  more  important  of  these  substances : 

The  requirements  of  the  California  Law  are  identical  with  those 
of  the  U.  S.  law  with  the  following  additions : 

1.  For  each  active  ingredient  the  chemical  analysis  must  state 

(a)  form  in  which  each  is  present,  and  (b)  material  from 
which  derived. 

The  suggestions  below  will  call  attention  to  the  cases  where  the 
usual  statement  might  not  give  this  information.  Where  a  substance 
occurs  only  in  one  form  or  may  be  obtained  from  only  one  source  the 
mere  name  of  the  ingredient  can  be  supposed  to  carry  this  information. 

2.  The  word  "Registered"  and  the  number  of  registry. 

So  as  not  to  complicate  the  label  the  office  in  charge  of  the  work 
will  use  the  same  serial  number  as  the  U.  S.  guarantee,  leaving  only 
the  necessity  of  adding  the  word  "registered,"  and  we  would  sug- 
gest that  the  addition  be  in  the  form  ' '  Registered  under  the  California 
Law." 


INSECTICIDES  AND  FUNGICIDES. 

Aceto-arsenite  of  copper ;  see  arsenicals. 
Acid  carbolic;  see  carbolic  compounds, 
cresylic ;  see  carbolic  compounds, 
sulphur;  see  cyanides. 
Air  slacked  lime ;  see  alkalies. 
Alkalies  and  Soaps. 

Lye. — Caustic  potash,  caustic  soda. 
Label  should  show : 

per  cent,  of  caustic  soda  (NaOH),  if  present, 
per  cent,  of  caustic  potash  (KOH),  if  present, 
per  cent,  of  other  ingredients. 

Note  :  Pure  caustic  soda  or  potash  contains  100  per  cent.  NaOH 
or  KOH,  respectively. 
Potassium  carbonate. 
Label  should  show : 

per  cent,  of  potassium  carbonate  (K2C03). 
per  cent,  of  other  ingredients. 
Sal  soda. — Carbonate  of  soda. 
Label  should  show : 

per  cent,  of  soda  carbonate  (Na2C03). 
per  cent,  of  other  ingredients. 
Lime. — Caustic  lime,  quick  lime,  hydrated  lime,  air  slacked  lime. 
Label  should  show : 

per  cent  of  calcium  (Ca). 
per  cent,  of  magnesium  (Mg). 
per  cent,  of  carbonic  acid  (C02). 
per  cent,  of  other  incredients. 

Note:  Pure  lime  contains  71.46  per  cent,  of  calcium  and  no 
magnesium  or  carbonic  acid.  Pure  hydrated  lime  contains  calcium 
in  the  same  proportion  with  the  other  ingredients  than  water  and 
has  no  magnesium  of  carbonic  acid.  Pure  air  slacked  lime  may 
have  as  high  as  44  per  cent,  of  carbonic  acid. 
Borax,  or  preparations  containing  borax  as  an  active  ingredient. 
Label  should  show : 

per  cent,  of  borax  (2B20:!.    Na20.  +  10H2O). 
per  cent,  of  other  ingredients. 


Soap. — See  also  carbolic  compounds  and  oils -for  specification  of 
other  active  ingredients. 
Label  should  show : 

per  cent,  of  soda  (Na20),  if  present, 
per  cent,  of  potash  (K20),  if  present, 
per  cent,  of  other  active  ingredients, 
per  cent,  of  water, 
per  cent,  of  inert  ingredients. 
Arsenicals. 

Arsenate  of  Lead. 

The  standard  of  purity  denned  by  the  law  requires : 

(1)  Not  over  50  per  cent,  water  (unless  labeled  lead  arse- 
nate and  water). 

(2)  at  least  12y2  per  cent,  arsenic  acid  (As205). 

(3)  not  over  0.75  per  cent,  water  soluble  arsenic  (calculated 
as  As205). 

(4)  nothing  added  to  lower  strength  or  quality  (Section  7). 
For  use  in   foggy   districts   along  the   coast  the   label  should 

specify  per  cent,  ammonia  soluble  arsenic    (calculated  as  As205, 

because  of  danger  to  foliage. 

Paris  green. —  (Aceto-arsenite  of  copper). 

The  standard  of  purity  defined  by  the  law  requires : 

(1)  At  least  50  per  cent,  arsenious  oxid  (As203). 

(2)  not  over  3y2  per  cent,  water  soluble  arsenic  (calculated 
as  As203). 

(3)  nothing  added  affecting  quality  or  strength. 
Other  arsenicals. 

The  law  specifically  requires : 

(1)  per  cent,  of  arsenic. 

(2)  per  cent,  of  water  soluble  arsenic   (both  expressed  as 
metallic  arsenic). 

Label  should  indicate  in  what  form  the  arsenic  is  present  and 
the  per  cent,  of  inert  substances. 

Note  :  The  amount  of  metallic  arsenic  in  As305  is  74  per  cent., 
and  in  As203  78.4  per  cent.,  therefore  every  percentum  of  water 
soluble  arsenic  expressed  as  metallic  arsenic  corresponds  with  1.35 
per  cent,  and  1.28  per  cent,  respectively  in  arsenate  of  lead  and 
Paris  green.  To  be  as  free  from  water  soluble  arsenic  as  lead 
arsenate  the  preparation  could  not  have  over  0.56  per  cent,  of 
arsenic  expressed  as  metallic  arsenic,  while  it  might  have  2.75  per 
cent,  and  come  within  the  limits  permitted  in  Paris  green. 


Alkaloids. 

Tobacco  preparations,  hellebore,  quassia. 
Label  should  show : 

per  cent,  of  the  alkaloid. 
Ammonia ;  see  copper  compounds. 
Asphalt;  see  oils. 

Benzoate  of  copper ;  see  copper  compounds. 
Bichlorid  of  mercury ;  see  corrosve  sublimate. 
Bisulfid  of  carbon ;  see  sulfur  compounds. 
Blue  Stone ;  see  copper  compounds. 
Borax;  see  alkalies. 

Bordeaux  mixture ;  see  copper  compounds. 
Camphor;  see  oils. 
Carbolic  Compounds. 

Carbolic    acid,    carbolic   soap,    cresol,   cresol   soap,    cresylic   acid, 
cresylol,  phenol,  sheep  dips,  etc. 
Label  should  show : 

per  cent,  of  cresylic  acid, 
per  cent,  of  phenol. 

per  cent,  of  saponifier  and  character  (see  alkalies), 
per  cent,  other  ingredients. 
Carbon  tetrachlorids. 

Label  should  show : 

per  cent,  of  carbon  tetrachlorid  (CC14). 
per  cent,  of  other  ingredients. 
Carbon  bisulfid ;  see  sulfur  compounds. 
Carbonate  of  copper ;  see  copper  compounds, 
lime ;  see  alkalies, 
soda ;  see  alkalies. 
Castor  Oil ;  see  oils. 
Caustic  lime ;  see  alkalies, 
potash ;  see  alkalies, 
soda ;  see  alkalies. 
Citronella,  oil  of ;  see  oils. 
Copper  Compounds. 

Aceto  arsenite;  see  arsenicals. 
Ammonia  for  making  ' '  eau  celest. ' ' 
Label  should  show : 

per  cent,  of  ammonia  (NH4OH). 
per  cent,  of  other  ingredients. 


Bordeaux  Mixture. 
Label  should  show : 

per  cent,  of  copper  (insoluble), 
per  cent,  of  other  ingredients. 
Blue  Stone. —  (Copper  sulfate). 
Label  should  show : 

per  cent,  of  copper  sulfate  (CuS04  +  5H20). 
per  cent,  of  copperas  (FeSO   -f-  7H20). 
per  cent,  of  other  ingredients. 
Copper  Carbonate. 
Label  should  show : 

per  cent,  of  copper  oxid  (CuO). 
per  cent,  of  other  ingredients. 
Copper  Benzoate. 

Label  should  show : 

per  cent,  of  copper  benzoate  (Cu[CGH5C02]  +  2H20). 
per  cent,  of  other  ingredients. 
Copperas. 

Label  should  show : 

per  cent,  of  copperas  (FeS04  +  7H20). 
per  cent,  of  other  ingredients. 
Corrosive  Sublimate. 

Label  should  show : 

per  cent,  of  corrosive  sublimate  (HgCL). 
per  cent,  of  other  ingredients. 
Cresol ;  see  carbolic  compounds. 
Cresylic  acid-  see  carbolic  compounds. 
Cresylol  -r  see  carbolic  compounds. 
Crude  oil ;  see  oils. 
Cyanides. 
Cyanides. 

Label  should  specify : 

per  cent,  cyanogen  (CN). 
per  cent,  potassium  (K). 
per  cent,  sodium  (Na). 
per  cent,  inert  substances, 
per  cent,  chlorine  (CI). 
The  latter  because  of  the  decomposition  of  the  Hydrocyanic 
acid  when  the  percentage  is  high. 
Sulfuric  Acid. 

Label  should  specify : 


per  cent,  sulfuric  acid  (HoSCh). 
per  cent,  water  (H20). 
per  cent,  other  inert  substances, 
per  cent,  nitric  acid  (HN03). 
The  latter  because  of  danger  to  vegetation  when  the  percentage 
is  high. 

Distillate ;  see  oils. 
Distillate  emulsions  ;see  oils. 
Emulsions,  distillate ;  see  oils. 

kerosene ;  see  oils. 
Essential  oils ;  see  oils. 
Pish  oil ;  see  oils. 

soap ;  see  oils. 
Formaldehyde ;  see  formalin. 

Formalin. 

Label  should  show : 

per  cent,  of  formaldehyde  (CH.5COH). 
Gasolene ;  see  oils. 
Hellebore ;  see  alkaloids. 
Iron  sulphate ;  see  copperas. 

sulfid ;  see  sulfur  compounds. 
Kerosene ;  see  oils. 
Lime ;  see  alkalies. 

air  slaked ;  see  alkalies. 

caustic ;  see  alkalies. 

sulfur  solution ;  see  sulfur  compounds. 
Lye ;  see  alkalies. 
Mirbane,  oil  of ;  see  oils. 
Miscible  oil ;  see  oils. 
Napthalene ;  see  oils. 
Nitrobenzene ;  see  oils. 
Napthalene ;  see  oils. 
Nicotene ;  see  alkaloids. 

sulfate;  see  alkaloids. 

Oils. 

Hydrocarbons. — Crude  oil,  distillate,  kerosene,  gasolene). 
Label  should  show : 

density  (degrees  Baume). 
flash  test. 


Hydrocarbons  solids. —  (Asphaltum,  naphthalene.) 
Label  should  show : 

per  cent,  of  the  hydrocarbon, 
per  cent,  of  other  ingredients. 
Miscible  oils  and  emulsions. 
Label  should  show : 

per  cent,  of  oil  and  character  (see  hydrocarbons), 
per  cent,  of  emulsifier  and  character  (see  alkalies  and  car- 
bolic compounds), 
per  cent,  of  other  ingredients. 

Animal  oils  and  soaps. —  (Fish  oil,  whale  oil). 
Label  should  show : 

per  cent,  of  oil  and  source  (whether  fish  oil  or  whale  oil), 
per  cent,  of  saponifier  and  character  (see  alkalies), 
per  cent,  of  other  ingredients. 
Vegetable  oils  and  gums. —  (Castor  oil,  camphor,  nitrobenzene,  oil 
of  citronella,  oil  of  mirbane,  oil  of  peppermint,  pine  tar, 
resin,  turpentine,  etc.). 
Label  should  show : 

per  cent,  of  oil  or  gum  and  source  (plant  from  which  ob- 
tained) . 
per  cent,  of  other  ingredients. 
Pyrethrnm. 

Label  should  show: 

per  cent,  of  oil  present. 
Red  oil. 

Label  should  show : 
per  cent,  of  oleaic  acid, 
per  cent,  of  other  ingredients. 
Paris  green ;  see  arsenicals. 
Peppermint  oil;  see  oils. 
Permanganate  of  Potash. 
Label  should  show : 

per  cent,  of  permanganate  of  potash  (KMnOJ. 
per  cent,  of  other  ingredients. 
Potash,  caustic  ;  see  alkalies. 
Potassium,  carbonate ;  see  alkalies, 
cyanide ;  see  cyanides. 

permanganate ;  see  permanganate  of  potash, 
sulfid ;  see  sulfur  compounds. 
Phenol;  see  carbolic  compounds. 


10 

Phosphorus,  Preparations  containing. 

Label  should  show : 

per  cent,  of  phosphorus  (P). 
per  cent,  of  other  ingredients. 
Pine  tar ;  see  oils. 
Pyrethrum ;  see  oils. 
Red  oil ;  see  oils. 
Resin;  see  oils. 
Soap ;  see  alkalies. 

Soap  cresol;  see  carbolic  compounds. 
Soap  powder ;  see  alkalies, 
whale  oil ;  see  oils, 
fish  oil ;  see  oils, 
resin ;  see  oils. 
Soda,  caustic ;  see  alkalies. 

Sodium  carbonate;  see  alkalies, 
cyanide ;  see  cyanides. 

Sulfate  of  copper ;  see  copper  compounds, 
iron ;  see  copperas. 

Sulfur  Compounds. 

Sulfur. 

Label  should  show : 

per  cent,   sulfur    (S),   whether   ground,   sublimed   or   per- 

cipated : 
per  cent,  inert  substances. 
Lime  sulfur  solution. 
Label  should  specify : 

per  cent,  sulfur  in  solution  (S). 
per  cent,  inert  substances, 
density  (degrees  Baume). 
Potassium  Sulfid. 

Label  should  specify : 

per  cent,  potassium  sulfid  (K2S). 
per  cent,  inert  substances. 
Iron  Sulfid. 

Label  should  show : 

per  cent,  iron  sulfid  (FeS). 
per  cent,  inert  substances. 


11 


Carbon  Bisalfid. 

Label  should  show : 

per  cent,  of  carbon  bisulfid  (CS2). 
per  cent,  other  ingredients. 
Sulfuric  acid ;  see  cyanides. 
Sublimate,  corrosive ;  see  sorrosive  sublimate. 
Sublimated  sulfur ;  see  sulfur  compounds. 
Tar,  pine ;  see  oils. 
Tobacco  extract ;  see  alkaloids. 

stems ;  see  alkaloids. 
Turpentine ;  see  oils. 
Whale  oil;  see  oils. 

soap ;  see  oils. 
Zinc  arsenite ;  see  arsenicals. 

Many  of  these  substances  have  large  use  for  other  purposes  than  as 
insecticides  or  fungicides  and  when  sold  for  such  other  purposes  do 
not  come  under  the  operation  of  this  law. 

Users  of  any  of  these  substances  who  buy  them  as  insecticides,  or 
fungicides,  obtain  the  advantage  of  the  guarantee  of  the  quality  pro- 
vided under  this  law. 

COLLECTING  OF   SAMPLES— VIOLATION  OF  LAW. 

Samples  of  insecticides  are  to  be  collected  annually  on  or  before 
September  1st  of  all  registered  brands  and  they  are  to  be  analyzed 
by  official  methods  (Section  13). 

The  Director  of  the  Agricultural  Experiment  Station  is  also 
authorized  to  cause  samples  to  be  taken  at  other  times  in  a  manner 
specified  by  law  (Section  14). 

Besides  these  official  samples,  unofficial  samples  may  be  taken  by 
any  user  at  any  time  and  submitted  for  examination  (Section  13), 
only  official  samples,  however,  will  be  made  the  basis  of  legal  action 
(Section  5)  and  then  only  after  a  private  hearing  (Section  3)  -tnd 
public  notice  of  violations  of  the  law  is  to  be  given  only  after  judg- 
ment of  the  court. 


12 


RULES  AND  REGULATIONS. 

The  rules  and  regulations  adopted  by  the  United  States  Govern- 
ment for  the  enforcement  of  the  national  insecticide  act  of  1910  are 
to  be  followed  in  holding  the  private  hearing  (Section  3). 

These  rules  are  printed  in  Circular  34  of  the  office  of  the  Secretary. 
Those  applying  to  the  present  law  are  given  below. 

Regulation  4.  Hearings. 
(Section  4,  U.  S.  Act.  Section  3,  California  Act.) 
(a)  If,  from  the  examination  or  analysis,  a  sample  appears  to  be 
adulterated  or  misbranded  within  the  meaning  of  this  act,  notice 
thereof  shall  be  given  to  the  party  from  whom  such  sample  was 
obtained  and  to  such  other  interested  parties  as  the  Director  of  the 
Agricultural  Experiment  Station  (Secretary  of  Agriculture)  may 
direct.  The  hearings  shall  be  had  at  places  designated  by  the  said 
Director  (Secretary  of  Agriculture)  most  convenient  for  all  parties 
concerned.  These  hearings  shall  be  private  and  confined  to  questions 
of  fact.  The  parties  interested  therein  may  appear  in  person  or  by 
attorney  and  may  submit  oral  or  written  evidence  to  show  any  fault 
or  error  in  the  findings  of  the  analyst  or  examiner.  At  the  hearing 
the  party  cited,  shall,  upon  request,  be  informed  of  the  findings  of  the 
analyst  or  examiner. 

Regulation  9.    Abstraction  of  Valuable  Constituents. 
(Section  7.) 

(a)  A  valuable  constituent  of  an  article  is  wholly  abstracted  there- 
from, in  the  contemplation  of  the  act,  whenever  the  designation  of  the 
article  imports  its  presence  therein  and  the  constituent  has  been  wholly 
omitted  therefrom  in  the  preparation  of  the  article  or  has  been  wholly 
removed  from  the  completed  article. 

(b)  A  valuable  constituent  of  an  article  is  partly  abstracted  there- 
from, in  the  contemplation  of  the  act,  whenever  the  designation  of  the 
article  imports  its  presence  therein  and  the  constituent  is  not  present 
in  the  usual  or  customary  amount. 

Regulation  10.    Definition  of  Label. 
(Section  8.) 
The  term  label,  as  used  in  the  act,  includes  any  legend  and  de- 
scriptive  matter   or   design   printed,   stenciled,   stamped,    seared,    or 


13 

impressed  upon  the  article  or  its  container,  and  also  includes  circulars, 
pamphlets,  etc.,  which  are  packed  and  go  with  the  articles  into  the 
hands  of  the  purchaser,  and  such  letters,  circulars,  pamphlets,  etc.,  to 
which  reference  is  made  either  on  the  label  attached  to  the  package  or 
to  the  package  itself,  or  any  circulars,  pamphlets,  etc.,  which  accom- 
pany the  package. 

Regulation  11.  When  Labels  Required. 
(Section  8.) 
Whenever,  by  the  terms  of  the  act,  information  is  required  to  be 
on  the  label  of  an  insecticide  or  fungicide,  such  as  the  statement  of 
the  percentage  of  arsenic  contained  therein,  a  label  must  be  placed  on 
the  article  in  order  that  the  statement  can  be  made  and  the  omission 
of  a  label  does  not  excuse  the  absence  of  the  required  statement. 

Regulation  12.    Statement  on  Labels. 

(Sections  7  and  8.) 

All  matter  required  by  an  act  to  be  stated  on  the  label  of  an  article 

must  be  plainly  and  correctly  stated  on  the  face  of  the  principal  label 

in  type  sufficiently  clear  and  in  position   sufficiently  prominent   to 

attract  the  immediate  attention  of  the  purchaser. 

Regulation  13.  Definition  of  Package. 
(Section  8.) 
The  term  "package"  as  used  in  the  act,  includes  every  carton,  box, 
barrel,  or  other  receptacle  into  which  an  insecticide  or  fungicide,  Paris 
green,  or  lead  arsenate  is  placed  for  use,  handling,  removal,  shipment, 
or  conveyance,  and  also  a  single  container  of  such  article  or  articles 
or  several  containers  packed  together. 

Regulation  14.  Definition  of  Insect. 
(Section  6.) 
The  term  "insect"  as  used  in  the  act  and  these  regulations,  is 
understood  to  mean  any  of  the  numerous  small  invertebrate  animals 
generally  having  the  body  more  or  less  obviously  segmented,  for  the 
most  part  belonging  to  the  class  Insecta,  comprising  six-legged,  usually 
winged  forms,  as  beetles,  bugs,  bees,  flies,  etc.,  and  to  other  allied 
classes  of  arthropods  whose  members  are  wingless  and  usually  have 
more  than  six  legs,  as  spiders,  mites,  ticks,  centipedes,  wood  lice,  etc. 

Regulation  15.    False  Statements  in  Circulars,  etc. 
An  insecticide,   fungicide,   Paris  green,   or  lead   arsenate  is  mis- 
branded  under  the  provisions  of  the  act  if  the  package  containing  it 


14 

is  accompanied  by  any  circular,  advertising  or  descriptive  matter  in 
or  upon  which  there  is  any  false,  deceptive,  or  misleading  statement, 
design,  or  device,  or  if  such  false,  deceptive,  or  misleading  statement, 
design,  or  device  appears  on  any  letter,  circular,  design,  or  descriptive 
matter  to  which  reference  is  made  on  the  label  attached  to  the  package 
or  in  any  paper  accompanying  the  package. 

Regulation  16.    Ingredients  Required  to  be  Declared. 

(Section  8.) 

(a)  Insecticides  (other  than  Paris  greens  and  lead  arsenates)  and 
fungicides  containing  arsenic  in  any  of  its  combinations  or  in  the 
elemental  form  must  bear  a  statement  on  the  label  showing  the  total 
amount  of  arsenic  present  (expressed  as  percentum  of  metallic 
arsenic)  and  also  the  amount  present  in  water-solution  form)  ex- 
pressed as  per  centum  of  metallic  arsenic). 

(6)  Insecticides  (other  than  Paris  greens  and  lead  arsenates)  and 
fungicides  containing  inert  substances,  which  do  not  prevent,  destroy, 
repell,  or  mitigate  insects  or  fungi,  must  bear  a  statement  on  the  label 
of  the  name  and  percentage  of  each  inert  substance  therein,  unless  the 
name  and  percentage  of  each  active  ingredient  of  the  article  is  plainly 
and  correctly  stated,  in  which  case  it  will  be  sufficient  to  state  upon 
the  label  that  the  article  contains  inert  substances,  giving  the  correct 
percentages  thereof. 

Regulation  17.    False  and  Misleading  Statements  on  Labels. 

(Section  8.) 

The  use  of  any  false  or  misleading  statement,  design,  or  device 
appearing  on  any  part  of  the  label  shall  not  be  justified  by  any  state- 
ment given  as  the  opinion  of  an  expert  or  other  person,  nor  by  any 
descriptive  matter  explaining  the  use  of  the  false  or  misleading  state- 
ment, design,  or  device. 

Regulation  18.     Name  and  Address  of  Manufacturer. 

(Section  8.) 

(a)  The  name  of  the  manufacturer  or  producer  or  the  place  of 
manufacture  need  not  be  given  upon  the  label,  but  if  given  must  be 

the  true  name  and  true  place.     The  words  "Packed  for  ," 

"Distributed  by  ,"  or  some  equivalent   phrase,   shall   be 

added  to  the  label  in  case  the  name  which  appears  upon  the  label  is 
not  that  of  the  actual  manufacturer  or  producer. 


15 

(b)  When  a  person,  firm,  or  corporation  actually  manufactures  or 
produces  an  insecticide,  fungicide,  Paris  green,  or  lead  arsenate  in  two 
or  more  places  the  actual  place  of  manufacture  or  production  of  each 
particular  package  need  not  be  stated  on  the  label  except  when,  under 
the  peculiar  circumstances  of  the  particular  case,  the  mention  of  any 
such  place  to  the  exclusion  of  the  others  misleads  the  public. 

(c)  The  use  of  a  geographical  name  shall  not  be  permitted  in 
connection  with  an  insecticide  or  fungicide  not  manufactured  or  pro- 
duced in  that  place,  when  such  name  indicates  that  the  article  was 
manufactured  or  produced  in  that  place. 

(d)  The  use  of  a  geographical  name  in  connection  with  an  insecti- 
cide or  fungicide  will  not  be  deemed  a  misbranding  when,  by  reason 
of  long  usage,  it  has  come  to  represent  a  generic  term  and  is  used  to 
indicate  a  style,  type,  or  brand,  or  where  it  has  come  to  represent  a 
specific  substance  rather  than  the  place  of  manufacture,  but  in  all 
such  cases  the  place  where  any  such  article  is  manufactured  or  pro- 
duced shall  be  stated  upon  the  principal  label. 

(e)  A  foreign  name  which  is  recognized  as  distinctive  of  a  product 
of  a  foreign  country  shall  not  be  used  upon  an  article  of  domestic 
origin  except  as  an  indication  of  the  type  or  style  or  quality  of 
manufacture,  and  then  only  when  so  qualified  that  it  is  not  offered 
for  sale  under  the  name  of  a  foreign  article. 

Regulation  19.     Substitution.  ' 

(Sections  7  and  8.) 

When  a  substance  of  a  recognized  quality  commonly  used  in  the- 
preparation  of  an  insecticide  or  fungicide  is  replaced  in  part  or  in 
whole  by  another  substance  the  name  of  the  substituted  substance 
shall  appear  upon  the  label. 

Regulation  20.     Guaranty. 

(Section  9.) 

A  general  guaranty  may  be  filed  with  the  Director  of  the  Agricul- 
tural Experiment  Station  (Secretary  of  Agriculture)  by  the  manu- 
facturer or  dealer  and  be  given  a  serial  number,  which  serial  number 
should  appear  on  every  package  of  goods  sold  under  such  guaranty, 
with  the  words  "Guaranteed  by  (insert  name  of  guarantor)  under 
the  Insecticide  Act  of  1910."  The  following  form  of  guaranty  is. 
suggested : 


16 


I  (we),  the  undersigned,  do  hereby  guarantee  that  the 
insecticides,  Paris  greens,  lead  arsenates,  and  fungicides 
manufactured,  packed,  distributed,  or  sold  by  me  (us) 
(describing  the  same  as  fully  as  possible)  are  not  adulter- 
ated or  misbranded  within  the  meaning  of  the  Insecticide 
Act  of  1910. 


(Signature) 
(Place  of  business) 
(Date) 

If  the  guaranty  be  not  filed  with  the  Director  of  the  Agricultural 
Experiment  Station  (Secretary  of  Agriculture)  it  should  identify  and 
be  attached  to  the  bill  of  lading,  bill  of  sale,  or  other  schedule  giving 
the  description  and  amount  of  the  article  sold. 

Regulation  27.    Amendment  of  Regulations. 

These  regulations  may  be  amended  at  any  time  without  notice, 
with  the  concurrence  of  the  Secretary  of  the  Treasury,  the  Secretary 
of  Agriculture,  and  the  Secretary  of  Commerce  and  Labor. 


17 


THE  INSECTICIDE  LAW. 
CALIFORNIA   STATUTES   OF   1911. 

Chapter  653. 

An  Act  to  regulate  the  manufacture,  sale,  adulteration  and  misbranding  of 
insecticides  or  fungicides  or  materials  used  for  insecticidal  or  fungicidal 
purposes,  and  to  provide  penalties  for  the  infraction  thereof,  and  to 
appropriate  money  therefor.     (Approved  May  1,  1911.) 

The  People  of  the  State  of  California,  represented  in  senate  and 
assembly,  do  enact  as  follows: 

Section  1.  That  it  shall  be  unlawful  for  any  person  to  manu- 
facture within  this  state  any  insecticide,  Paris  green,  lead  arsenate, 
or  fungicide  which  is  adulterated  or  misbranded  within  the  meaning 
of  this  act ;  and  any  person  who  shall  violate  any  of  the  provisions  of 
this  section  shall  be  guilty  of  a  misdemeanor,  and  shall  upon  convic- 
tion thereof,  be  fined  not  to  exceed  two  hundred  dollars  for  the  first 
offense,  and  upon  conviction  for  each  subsequent  offense  be  fined  not 
to  exceed  three  hundred  dollars,  or  sentenced  to  imprisonment  for  not 
to  exceed  one  year,  or  both  such  fine  and  imprisonment,  in  the  discre- 
tion of  the  court.  Such  fines  and  those  specified  in  section  2  of  this 
act  to  be  paid  into  the  school  fund  of  the  county  in  which  conviction 
is  had. 

Sec.  2.  Any  person  who  shall  offer  to  deliver  to  any  other  person 
or  any  person  who  shall  sell  or  offer  for  sale  in  this  state  any  such 
adulterated  or  misbranded  insecticide  or  Paris  green  or  lead  arsenate 
or  fungicide  which  is  adulterated  or  misbranded  within  the  meaning 
of  this  act,  or  export  or  offer  to  export  the  same  to  any  foreign  country 
shall  be  guilty  of  a  misdemeanor,  and  for  such  offense  be  fined  not 
exceeding  two  hundred  dollars  for  the  first  offense,  and  upon  convic- 
tion for  each  subsequent  offense  not  exceeding  three  hundred  dollars, 
or  to  be  imprisoned  not  exceeding  one  year,  or  both,  in  the  discretion 
of  the  court ;  provided,  that  no  article  shall  be  deemed  misbranded  or 
adulterated  within  the  provisions  of  this  act  when  intended  for  export 
to  any  foreign  country  and  prepared  or  packed  according  to  the 
specifications  or  directions  of* the  foreign  purchaser;  but  if  said  article 
shall  be  in  fact  sold  or  offered  for  sale  for  domestic  use  or  consump- 
tion, then  this  proviso  shall  not  exempt  said  article  from  the  operation 
of  any  of  the  provisions  of  this  act. 


18 

Sec.  3.  The  examination  of  specimens  of  insecticides,  Paris  greens, 
lead  arsenates  and  fungicides  shall  be  made  by  the  director  of  the 
agricultural  experiment  station  of  the  University  of  California  in 
person  or  b}^  deputy,  for  the  purpose  of  determining  from  such  ex- 
amination whether  such  articles  are  adulterated  or  misbranded  within 
the  meaning  of  this  act ;  and  if  it  shall  appear  from  any  such  examina- 
tion that  any  of  such  specimens  are  adulterated  or  misbranded  within 
the  meaning  of  this  act,  the  said  director  shall  cause  notice  thereof 
to  be  given  to  the  party  from  whom  such  sample  was  obtained.  Any 
party  so  notified  shall  be  given  an  opportunity  to  be  heard  under  the 
rules  and  regulations  adopted  by  the  United  States  government  for 
the  enforcement  of  the  national  insecticide  act  of  1910,  and  if  it 
appears  that  any  of  the  provisions  of  this  act  have  been  violated  by 
such  party,  then  the  said  director  shall  at  once  certify  the  facts  to  the 
proper  district  attorney,  with  a  copy  of  the  results  of  the  analysis  or 
the  examination  of  such  an  article  duly  authenticated  by  the  analyst 
or  officer  making  such  examination,  under  the  oath  of  such  officer. 
After  judgment  of  the  court,  notice  shall  be  given  by  publication  in 
such  manner  as  the  said  director  may  determine. 

Sec.  4.  That  it  shall  be  the  duty  of  each  district  attorney  to  whom 
the  said  director  shall  report  any  violation  of  this  act  or  present 
satisfactory  evidences  of  any  such  violation,  to  cause  appropriate  pro- 
ceedings to  be  commenced  and  prosecuted  in  the  proper  courts  of  the 
State  of  California  without  delay,  for  the  enforcement  of  the  penalties 
as  in  such  case  herein  provided. 

Sec.  5.  In  any  action,  civil  or  criminal,  in  any  court  in  this  state, 
a  certificate,  under  the  hand  of  said  director,  and  the  seal  of  said 
university,  stating  the  results  of  any  analysis  purporting  to  have  been 
made  under  the  provisions  of  this  act,  shall  be  prima  facie  evidence 
of  the  fact  that  the  sample  or  samples  mentioned  in  said  analysis  or 
certificate  were  properly  analyzed,  contained  the  component  parts 
stated  in  such  certificate  and  analysis;  and  that  the  samples  were 
taken  from  the  parcels  or  packages  or  lots  mentioned  or  described  in 
said  certificate. 

Sec.  6.  That  the  term  "insecticide"  as  used  in  this  act  shall 
include  any*  substance  or  mixture  of  substances  intended  to  be  used 
for  preventing,  destroying,  repelling  or  mitigating  any  insects  which 
may  infest  vegetation,  man  or  other  animals,  or  households,  or  be 
present  in  any  environment  whatsoever.  The  term  Paris  green  as 
used  in  this  act  shall  include  the  product  sold  in  commerce  as  Paris 
green  and  chemically  known  as  the  aceto-arsenite  of  copper.      The 


19 

term  "lead  arsenate"  as  used  in  this  act  shall  include  the  product  or 
products  sold  in  commerce  as  lead  arsenate  and  consisting  chemically 
of  products  derived  from  arsenic  acid  (H3As04)  by  replacing  one  or 
more  hydrogen  atoms  of  lead.  That  the  term  "fungicide"  as  used  in 
this  act  shall  include  any  substance  or  mixture  of  substances  intended 
to  be  used  for  preventing,  destroying,  repelling,  or  mitigating  any  and 
all  fungi  that  may  infest  vegetation  or  be  present  in  any  environment 
whatsoever. 

Sec.  7.  That  for  the  purpose  of  this  act  an  article  shall  be  deemed 
to  be  adulterated — 

In  case  of  Paris  green :  First,  if  it  does  not  contain  at  least  fifty 
per  centum  of  arsenious  oxide ;  second,  if  it  contains  arsenic  in  water- 
soluble  forms  equivalent  to  more  than  three  and  one-half  per  centum 
of  arsenious  oxide ;  third,  if  any  substance  has  been  mixed  and  packed 
with  it  so  as  to  reduce  or  lower  or  injuriously  affect  its  quality  or 
strength. 

In  the  case  of  lead  arsenate:  First,  if  it  contains  more  than  fifty 
per  centum  of  water:  second,  if  it  contains  total  arsenic  equivalent 
to  less  than  twelve  and  one-half  per  centum  of  arsenic  oxide  (As205)  ; 
third,  if  it  contains  arsenic  in  water-soluble  forms  equivalent  to  more 
than  seventy-five  one-hundredths  per  centum  of  arsenic  oxide  (As205)  ; 
fourth,  if  any  substances  have  been  mixed  and  packed  with  it  so  as  to 
reduce,  lower,  or  injuriously  affect  its  quality  or  strength;  provided, 
however,  that  extra  water  may  be  added  to  lead  arsenate  (as  described 
in  this  paragraph)  if  the  resulting  mixture  is  labeled  lead  arsenate 
and  water,  the  percentage  of  extra  water  being  plainly  and  correctly 
stated  on  the  label. 

In  the  case  of  insecticides  or  fungicides,  other  than  Paris  green 
and  lead  arsenate :  First,  if  its  strength  or  purity  fall  below  the  pro- 
fessed standard  or  quality  under  which  it  is  sold ;  second,  if  any 
substance  has  been  substituted  wholly  or  in  part  for  the  article ;  third, 
if  any  valuable  constituent  of  the  article  has  been  wholly  or  in  part 
abstracted;  fourth,  if  it  is  intended  for  use  on  vegetation  and  shall 
contain  any  substance  *  or  substances  which,  although  preventing, 
destroying,  repelling,  or  mitigating  insects,  shall  be  injurious  to  such 
vegetation  when  used. 

Sec.  8.  That  the  term  "misbranded"  as  used  herein  shall  apply 
to  all  insecticides,  Paris  greens,  lead  arsenates,  or  fungicides  or  articles 
which  enter  into  the  composition  of  insecticides  or  fungicides,  the 
package  or  label  of  which  shall  bear  any  statement,  design  or  device 
regarding   such   article   or   the   ingredients   or   substances   contained 


20 

therein  which  shall  be  false  or  misleading  in  any  particular,  and  to 
all  insecticides,  Paris  greens,  lead  arsenates,  or  fungicides  which  are 
falsely  branded  as  to  the  state,  territory,  or  country  in  which  they  are 
manufactured  or  produced. 

That  for  the  purpose  of  this  act  an  article  shall  be  deemed  to  be 
misbranded — 

In  the  case  of  insecticides,  Paris  greens,  lead  arsenates,  and  fungi- 
cides :  First,  if  it  be  an  imitation  or  offered  for  sale  under  the  name 
of  another  article ;  second,  if  it  be  labeled  or  branded  so  as  to  deceive 
or  mislead  the  purchaser,  or  if  the  contents  of  the  package  as  originally 
put  up  shall  have  been  removed  in  whole  or  in  part  and  other  contents 
shall  have  been  placed  in  such  package ;  third,  if  in  package  form,  and 
the  contents  are  stated  in  terms  of  weight  or  measure  they  are  not 
plainly  and  correctly  stated  on  the  outside  of  the  package. 

In  the  case  of  insecticides  (other  than  Paris  green  and  lead  arse- 
nates) and  fungicides;  first,  if  it  contains  arsenic  in  any  of  its  com- 
binations or  in  the  elemental  form  and  the  total  amount  of  arsenic 
present  (expressed  as  per  centum  of  metallic  arsenic)  is  not  stated 
on  the  label ;  second,  if  it  contains  arsenic  in  any  of  its  combinations  or 
in  the  elemental  form  and  the  amount  of  arsenic  in  water-soluble 
forms  (expressed  as  per  centum  of  metallic  arsenic)  is  not  stated  on 
the  label;  third,  if  consists  partially  or  completely  of  any  inert  sub- 
stance or  substances  which  do  not  prevent,  destroy,  repell  or  mitigate 
insects  or  fungi  and  does  not  have  the  names  and  percentage  amounts 
of  each  and  every  one  of  such  inert  ingredients  plainly  and  correctly 
stated  on  the  label;  provided,  however,  that  in  lieu  of  naming  and 
stating  the  percentage  amount  of  each  and  every  inert  ingredient  the 
producer  may  at  his  discretion  state  plainly  upon  the  label  the  correct 
names  and  percentage  amounts  of  each  and  every  ingredient  of  the 
insecticide  or  fungicide  having  insecticidal  or  fungicidal  properties, 
and  make  no  mention  of  the  inert  ingredients,  except  in  so  far  as  to 
state  the  total  percentage  of  inert  ingredients  present. 

Sec.  9.  That  no  dealer  shall  be  prosecuted  under  the  provisions 
of  this  act  when  he  can  establish  a  guaranty  signed  by  the  wholesaler, 
jobber,  manufacturer,  or  other  party  from  whom  he  purchased  such 
articles,  to  the  effect  that  the  same  is  not  adulterated  or  misbranded 
within  the  meaning  of  this  act,  designating  it.  Said  guaranty  to 
afford  prote'ction  shall  contain  the  name  and  address  of  the  party  or 
parties  making  the  sale  of  such  articles  to  each  dealer,  and  an  itemized 
statement  showing  the  articles  purchased;  or  a  general  guaranty  may 
be  filed  with  the  secretary  of  the  United  States  department  of  agri- 


21 

culture  by  the  manufacturer,  wholesaler,  jobber  or  other  party  in  the 
United  States  and  be  given  a  serial  number,  which  number  shall  ap- 
pear on  every  package  of  insecticide  or  fungicide  sold  under  such 
guaranty  with  the  words  "guaranteed  by"  (the  name  of  the  guar- 
antor) under  the  insecticide  [act]  of  1910;  and  in  such  case  said 
party  or  parties  shall  be  amenable  to  the  prosecutions,  fines,  and 
other  penalties  which  shall  attach  in  due  course  to  the  dealer  under 
the  provisions  of  this  act. 

Sec.  10.  That  the  word  "person"  as  used  in  this  act  shall  be  con- 
strued to  mean  both  the  plural  and  the  singular,  as  the  case  demands, 
and  shall  include  corporations,  companies,  societies  and  associations. 
When  construing  and  enforcing  the  provisions  of  this  act,  the  act, 
omission  or  failure  of  any  officer,  agent,  or  other  person  acting  for  or 
employed  by  any  corporation,  company,  society  or  association,  within 
the  scope  of  his  employment  or  office,  shall  in  every  case  be  also 
deemed  to  be  the  act,  omission,  or  failure  of  such  corporation,  com- 
pany, society,  or  association,  as  well  as  that  of  the  other  person. 

Sec.  11.  Every  lot,  parcel,  or  package  of  commercial  insecticides 
or  fungicides  or  materials  to  be  used  for  fungicidal  or  insecticidal  pur- 
poses, sold,  oifered,  or  exposed  for  sale,  within  this  state,  shall  be 
accompanied  by  a  plainly  printed  label,  stating  the  name,  brand,  and 
trade  mark,  if  any  there  be,  under  which  the  insecticide  or  fungicide 
is  sold,  the  name  and  address  of  the  manufacturer,  importer,  or  dealer, 
the  place  of  manufacture,  and  a  chemical  analysis,  stating  the  per- 
centages claimed  to  be  therein,  of  the  substance  or  substances  alleged 
to  have  insecticidal  properties,  specifying  the  form  or  forms  in  which 
each  is  present,  and  the  materials  from  which  all  constituents  of  the 
insecticides  are  derived.  All  analyses  of  substances  for  which  meth- 
ods have  been  agreed  upon  by  the  American  association  of  official  agri- 
cultural chemists,  are  to  be  made  by  such  official  methods.  In  the 
case  of  those  insecticides  the  selling  price  of  which  is  less  than  one- 
half  cent  per  pound,  said  label  need  only  give  a  correct  general  state- 
ment of  the  nature  and  composition  of  the  insecticide  it  accompanies. 

Sec.  12.  The  manufacturer,  importer,  agent  of,  or  dealer  in  any 
commercial  insecticide,  or  materials  used  for  insecticidal  purposes, 
the  selling  price  of  which  to  the  consumer  is  not  less  than  one-half 
cent  (!/2  cent)  per  pound,  shali,  before  same  is  offered  for  sale,  obtain 
a  certificate  of  registration  from  the  secretary  of  the  board  of  regents 
of  the  University  of  California,  countersigned  by  the  said  university, 
authorizing  the  sale  of  insecticides  in  this  state,  and  shall  securely 
fix  to  each  lot,  parcel,  or  package  of  insecticide  the  word  ' '  registered ' ' 


22 

with  the  number  of  registry.  The  manufacturer,  importer,  agent,  or 
dealer  obtaining  such  registry  shall  pay  to  the  said  secretary  the  sum 
of  one  ($1.00)  dollar,  to  be  applied  as  provided  in  section  18  of  this 
act :  such  registration  shall  expire  on  the  thirtieth  day  of  June  of  the 
fiscal  year  for  which  it  was  given;  provided,  the  provisions  of  this 
section  shall  not  apply  to  any  agent  whose  principals  shall  have  ob- 
tained a  certificate  of  registration  as  herein  provided.  Every  such 
manufacturer,  importer,  agent,  or  dealer,  who  makes  or  sells,  or  offers 
for  sale,  any  such  substances,  under  a  name  or  brand,  shall  file,  on  or 
before  the  first  day  of  July,  in  each  year,  a  statement,  under  oath, 
with  the  director  of  the  agricultural  experiment  station  of  the  Uni- 
versity of  California,  stating  such  name  or  brand,  and  stating  the  com- 
ponent parts,  in  accordance  with  the  provisions  of  section  11  of  this 
act,  of  the  substances  to  be  sold  or  offered  for  sale,  or  manufactured 
under  each  such  name  or  brand. 

Sec.  13.  The  said  director  shall  annually,  on  or  before  the  first 
day  of  September,  take  samples  in  accordance  with  the  provisions  of 
section  14  hereof,  of  the  substance  made,  sold,  or  offered  for  sale, 
under  every  such  name  or  brand,  and  cause  analyses  to  be  made  thereof 
in  accordance  with  the  provisions  of  section  11  hereof,  and  said  anal- 
yses may  include  such  other  determinations  as  said  director  may  at  any 
time  deem  advisable.  Dealers  in  or  manufacturers  of  insecticides 
must  give  free  access  to  the  director  of  the  agricultural  experiment 
station,  or  his  duly  authorized  deputy,  to  all  the  materials  which  they 
may  place  on  the  market  for  sale  in  California.  Whenever  the 
analysis  certified  by  the  said  director  shall  show  a  deficiency  of  not 
more  than  five  per  cent  of  the  substance  alleged  to  have  insecticidal 
properties,  the  statement  of  the  manufacturer  or  importer,  as  re- 
quired in  section  11  of  this  act,  shall  not  be  deemed  to  be  false  in  the 
meaning  of  this  act;  provided,  that  this  act  shall  not  apply  to  sales 
of  insecticidal  materials  made  to  a  registered  manufacturer  of  insecti- 
cides or  to  sales  for  export  outside  of  this  state;  provided  further, 
that  the  said  director  of  the  agricultural  experiment  station  of  the 
University  of  California  shall,  upon  the  receipt  of  a  sample  of  insecti- 
cide, accompanied  with  a  nominal  fee  of  one  dollar  furnish  to  the 
user  of  said  commercial  insecticide  such  examination  or  analysis  of 
the  sample  as  will  substantially  establish  the  conformity  or  non-con- 
formity of  the  said  insecticide  to  the  guarantee  under  which  it  is  sold. 

Sec.  14.  The  director  of  the  agricultural  experiment  station  of  the 
University  of  California,  in  person  or  by  deputy,  is  hereby  authorized 
to  take  a  sample,  not  exceeding  two  pounds  in  weight  for  analysis 


23 

by  the  said  director  or  his  deputies,  from  any  lot.  parcel  or  packages 
of  insecticide  or  fungicide,  or  material,  or  mixture,  used  for  insecti- 
cidal  or  fungicidal  purposes,  which  may  be  in  the  possession  of  any 
manufacturer,  importer,  agent  or  dealer;  but  said  sample  shall  be 
drawn  in  the  presence  of  said  party  or  parties  in  interest,  or  their 
representatives.  In  lots  of  five  tons  or  less,  samples  shall  be  drawn 
from  at  least  ten  packages,  or  if  less  than  ten  packages  are  present, 
all  shall  be  sampled:  in  lots  of  over  five  tons,  not  less  than  twenty 
packages  shall  be  sampled.  The  samples  so  drawn  shall  be  thoroughly 
mixed,  and  from  it  two  equal  samples  shall  be  drawn  and  placed  in 
glass  vessels,  carefully  sealed,  and  a  label  placed  on  each,  stating  the 
name  or  brand  of  the  insecticide  or  material  sampled,  the  name  of  the 
party  from  whose  stock  the  sample  was  drawn,  and  the  time  and  place 
of  drawing;  and  said  label  shall  also  be  signed  by  the  said  director 
or  his  deputy  making  such  inspection,  and  by  the  party  or  parties  in 
interest,  or  their  representatives  present  at  the  drawing  and  sealing 
of  said  samples.  One  of  said  duplicate  samples  shall  be  retained  by 
the  party  whose  stock  was  sampled,  and  the  other  by  the  director  of 
the  agricultural  experiment  station  of  the  University  of  California. 

Sec.  15.  The  director  of  the  agricultural  experiment  station  of 
the  University  of  California  shall  publish  in  bulletin  form,  from  time 
to  time,  at  least  annually,  the  results  of  the  analysis,  hereinbefore 
provided,  with  such  additional  information  as  circumstances  may 
advise. 

Sec.  16.  There  is  hereby  provided  for  carrying  out  the  purposes 
of  this  act,  out  of  any  moneys  in  the  state  treasury  not  otherwise  ap- 
propriated, the  sum  of  five  thousand  dollars  for  each  fiscal  year  here- 
after, beginning  with  the  first  day  of  July,  1911. 

Sec.  17.  All  persons  charged  with  the  enforcement  or  execution 
of  any  of  the  provisions  of  this  act  shall  not  directly  or  indirectly  be 
interested  in  the  sale,  manufacture  or  distribution  of  any  insecticide 
or  fungicide  affected  by  this  act. 

Sec.  18.  All  moneys,  whether  received  from  registry  and  analyti- 
cal fees  or  special  license  fees  shall  be  paid  to  the  secretary  of  the 
board  of  regents  of  the  University  of  California  for  the  use  of  said 
board  in  carrying  out  the  provisions  of  this  act. 

Sec.  19.  An  act  to  prevent  fraud  in  the  sale  of  Paris  green  used 
as  an  insecticide.  Chap.  LIII,  p.  69.  Statutes  of  1901,  is  hereby  re- 
pealed. 

Sec.  20.  This  act  shall  take  effect  and  be  in  force  from  and  after 
July  first,  1911. 


